The Book of Divorce

كتاب الطلاق

Chapter 5: Ila', Keeping away from one's wives and giving them the choice, And the saying of Allah, The Most High: "But if you help one another against him

'Umar b. al-Khattab (Allah be pleased with him) reported

When Allah's Apostle (ﷺ) kept himself away from his wives, I entered the mosque, and found people striking the ground with pebblesand saying: Allah's Messenger (ﷺ) has divorced his wives, and that was before they were commanded to observe seclusion 'Umar said to himself: I must find this (actual position) today. So I went to 'A'isha (Allah be pleased with her) and said (to her): Daughter of Abu Bakr, have you gone to the extent of giving trouble to Allah's Messenger (ﷺ)? Thereupon she said: Son of Khattab, you have nothing to do with me, and I have nothing to do with you. You should look to your own receptacle. He ('Umar) said: I visited Hafsa daughter of 'Umar, and said to her: Hafsa, the (news) has reached me that you cause Allah's Messenger (ﷺ) trouble. You know that Allah's Messenger (ﷺ) does not love you, and had I not been (your father) he would have divorced you. (On hearing this) she wept bitterly. I said to her: Where is Allah's Messenger (ﷺ)? Shesaid: He is in the attic room. I went in and found Rabah, the servant of Allah's Messenger (ﷺ), sitting on the thresholds of the window dangling his feet on the hollow wood of the date-palm with the help of which Allah's Messenger (ﷺ) climbed (to the apartment) and came down. I cried: 0 Rabah, seek permission for me from Allah's Messenger (way peace be upon him). Rabah cast a glance at the apartment and then looked toward me but said nothing. I again said: Rabah, seek permission for me from Allah's Messenger (ﷺ). Rabah looked towards the apartment and then cast a glance at me, but said nothig. I then raised my voice and said: 0 Rabah, seek permission for me from Allah's Messenger (ﷺ). I think that Allah's Messenger (ﷺ) is under the impression that I have come for the sake of Hafsa. By Allah, if Allah's Messenger (ﷺ) would command me to strike her neck, I would certainly strike her neck. I raised my voice and he pointed me to climb up (and get into his apartment). I visited Allah's Messenger (ﷺ), and he was lying on a mat. I sat down and he drew up his lower garment over him and he had nothing (else) over him, and that the mat had left its marks on his sides. I looked with my eyes in the store room of Allah's Messenger (ﷺ). I found only a handful of barley equal to one sa' and an equal quantity of the leaves of Mimosa Flava placed in the nook of the cell, and a semi-tanned leather bag hanging (in one side), and I was moved to tears (on seeing this extremely austere living of the Holy Piophet), and he said: Ibn Khattab, what wakes you weep? I said: Apostle of Allah, why should I not shed tears? This mat has left its marks on your sides and I do not see in your store room (except these few things) that I have seen; Ceasar and Closroes are leading their lives in plenty whereas you are Allah's Messenger. His chosen one, and that is your store! He said: Ibn Khattab, aren't you satisfied that for us (there should be the prosperity) of the Hereafter, and for them (there should be the prosperity of) this world? I said: Yes. And as I had entered I had seen the signs of anger on his face, and I therefore, said: Messenger of Allah, what trouble do you feel from your wives, and if youhave divorced them, verily Allah is with you, His angels, Gabriel, Mika'il, I and Abu Bakr and the believers are with you. And seldom I talked and (which I uttered on that day) I hoped that Allah would testify to my words that I uttered. And so the verse of option (Ayat al-Takhyir) was revealed. Maybe his Lord, if he divorce you, will give him in your place wives better than you..." (Ixv. 5). And if you back up one another against him, then surely Allah is his Patron, and Gabriel and the righteous believers, and the angels after that are the aidera (lvi. 4). And it was 'A'isha, daughter of Abu Bakr, and Hafsa who had prevailed upon all the wives of Allah's Prophet (way peace be upon him) for (pressing them for mote money). I said: Messenger of Allah, have you divorced them? He said: No. I said: Messenger of Allah, I entered the mosque and found the Muslims playing with pebbles (absorbed in thought) and saying: Allah's Messenger has divorced his wives. Should I get down and inform there that you have not divorced them? He said: Yes, if you so like. And I went on talking to him until I (found) the signs of anger disappeared on his face and (his seriousness was changed to a happy mood and as a result thereof) his face had the natural tranquillity upon it and he laughed and his teeth were the most charming (among the teeth) of all people. Then Allah's Apostle (ﷺ) climbed down and I also climbed down and catching hold of the wood of the palm-tree and Allah's Messenger (ﷺ) came down (with such ease) as if he was walking on the ground, not touching anything with his hand (to get support). I said: Messenger of Allah, you remained in your apartment for twenty-nine days. He said: (At times) the month consists of twenty-nine days. I stood at the door of the mosque and I called out at the top of my voice: The Messenger of Allah (ﷺ) has not divorced his wives (and it was on this occasion that this) verse was revealed:" And if any matter pertaining to peace or alarm comes within their ken, they broadcast it; whereas, if they would refer it to the Apostle and those who have been entrusted with authority amongst them, those of them who are engaged in obtaining intelligence would indeed know (what to do with) it" (iv 83). And it was I who understood this matter, and Allah revealed the verse pertaining to option (given to the Prophet (may peace be upon him in regard to the retaining or divorcing of his wives).

Abdullah b. Abbas (Allah be pleased with tlicm) reported

I intended to ask 'Umar b. al-Khattab (Allah be pleased with him) about a verse, but I waited for one year to ask him out of his fear, until he went out for Pilgrimage and I also accompanied him. As he came back and we were on the way he stepped aside towards an Arak tree to ease himself. I waited for him until he was free. I then walked along with him and said: Commander of the Faithful, who are the two among the wives of Allah's Messenger (ﷺ) who backed up one another (in their demand for extra money)? He said: They were Hafsa and 'A'isha (Allah be pleased with them). I said to him: It is for one year that I intended to ask you about this matter but I could not date so on account of the awe for you. He said: Don't do that. If you think that I have any knowledge, do ask me about that. And if I were to know that, I would inform you. He (the narrator) stated that 'Umar had said: By Allah, during the days of ignorance we had no regard for women until Allah the Exalt- ed revealed about them what He has revealed, and appointed (turn) for them what he appointed. He said: It so happened that I was thinking about some matter that my wife said: I wish you had done that and that. I said to her: It does not concern you and you should not feel disturbed in a matter which I intend to do. She said to me: How strange is it that you, O son of Khattab, do not like anyone to retort upon you, whereas your daughter retorts upon Allah's Messenger (may peace be upou him) until he spends the day in vexation. 'Umar said: I took hold of my cloak, then came out of my house until I visited Hafsa and said to her: O daughter, (I heard) that you retort upon Allah's Messenger (ﷺ) until he spends the day in vexation, whereupon Hafsa said: By Allah, we do retort upon him. I said: You should bear in mind, my daughter, that I warn you against the punishment of Allah and the wrath of His Messenger (ﷺ). You may not be misled by one whose beauty has fascinated her, and the love of Allah's Messenger (ﷺ) for her. I ('Umar) then visited Umm Salama because of my relationship with her and I talked to her. Umm Salama said to me: Umar b. al-Khattab, how strange is it that you meddle with every matter so much so that you are anxious to interfere between Allah's Messenger (ﷺ) and his wives, and this perturbed me so much that I refrained from saying what I had to say, so I came out of her apartment, and I had a friend from the Anar. When I had been absent (from the company of the Holy Prophet) he used to bring me the news and when he had been absent I used to bring him the news, and at that time we dreaded a king of Ghassan. It was mentioned to us that he intended to attack us, and our minds were haunted by him. My friend, the Ansari, came to me, and he knocked at the door and said: Open it, open it. I said: Has the Ghassani come? He said: (The matter is) more serious than that. The Messenger of Allah (ﷺ) has separated himself from his wives. I said: Let the nose of Hafsa and 'A'isha be besmeared with dust. I then took hold of my cloth and went out until I came and found Allah's Messenger (ﷺ) in his attic to which he climbed by means of a ladder made of date-palm, and the servant of Allah's Messenger (ﷺ) who was black had been sitting at the end of the ladder. I said: This is Umar. So permission was granted to me. I narrated this news to Allah's Messenger (ﷺ) and as I narrated the news concerning Umm Salama, Allah's Messenger (ﷺ) smiled. He was lying on the mat and there was nothing between him and that (mat), and under his head there was a pillow made of leather and it was stuffed with plam fibres and at his feet were lying a heap of sant tree (acacia niloctica, meant for dyeing) and near his head there was hanging a hide. And I saw the marks of the maton the side of Allah's Messenger (ﷺ), and so I wept. He said: What makes you weep? I said: Messenger of Allah, the Khusrau and the Ceasars (spendd their lives in) the midst of (luxuries), whereas you being Allah's Messenger (are leading your life in this poverty). Thereupon Allah's Messenger (ﷺ) said: Don't you like that they should have riches of their world, and you have the Hereafter.

Ibn Abbas (Allah be pleased with them) said

I came along with Umar until we reached Marr al-Zahran (the name of a place), and the rest of the hadith is the same as narrated by Sulaiman b. Bilal (except with) the variation (of words) that I said: (What) about these two women? He said: They were Hafsa and Umm Salama. And he made this addition: I came to the apartments and in every apartment there was (the noise) of weeping. And this addition was also made: And he (the Holy Prophet) had taken an oath of remaining away from them for a month, and when twenty-nine days had passed, he visited them.

Ibn Abbas (Allah be pleased with them) is reported to have said

I intended to ask Umar about those two ladies who had pressed for (worldly riches) during the lifetime of the Prophet (ﷺ), and I kept waiting for one year, but found no suitable opportunity with him until I happened to accompany him to Mecca. And as he reached Marr al Zahran he went away to answer the call of nature, and he said (to me): Bring me a jug of water, and I took that to him. After having answered the call of nature, as he came back, I began to pour water (over his hands and feet), and I remembered (this event of separation of Allah's Apostle [may peace be upon him] from his wives). So I said to him: Commander of the Faithful, who are the two ladies (who had pressed the Prophet [may peace be upon him] for providing comforts of life) and I had not yet finished my talk when he said: They were 'A'isha and Hafsa.

Ibn 'Abbas (Allah be pleased with them) reported. I had always been anxious to ask 'Umar (Allah be pleased with him) about the two ladies amongst the wives of Allah's Prophet (may peace be upon Lim) about whom Allah, the Exalted, said

" If you both turn in repentance to Allah, then indeed your hearts are inclined (to this)" (Ixvi. 4), until 'Umar (Allah be pleased with him) set out for Hajj and I also went along with him. And as we were going along a path, 'Umar (Allah be pleased with hiyn) went aside and I also went aside with him with a jug (of water). He answered the call of nature, and then came to me and I poured water over his hands and he performed ablution I said: Commander of the Faithful, who are the two ladies amongst the wives of Allah's Prophet (ﷺ) about whom Allah, the Exalted and Majestic, said: 'If you both turn to Allah in repentance, then indeed your heart are inclined to it"? 'Umar (Allah he pleased with him) said: How strange is it for you, Ibn 'Abbas! (Zuhri said: By Allah, he disliked what he asked about, but did not keep it a secret.) He ('Umar) said: They are Hafsa and 'A'isha; and he then began to narrate the hadith and said: We were such people among the Quraish who dominated women, and as we reached Medina we found there people who were dominated by their women, and our women began to learn (the habits) of their women. He further said: And my house was situated in the suburb of Aledina in the tribe of Banu Umayya b. Zaid. One day I became angry with my wife and she retorted upon me. I did not like that she should retort upon me. She said: You disapprove of my retorting upon you By Allah, the wives of Allah's Apostle (ﷺ) retort upon him, and one of them detaches herself from him for the day until the night. So I ('Umar) went out and visited Hafsa and said: Do you retort upon Allah's Messenger (ﷺ)? She said: Yes. I said; Does any one of you detach herself from him from the day to the night? She said: Yes. He said: She who did like it amongst you in fact failed and incurred loss. Does everyone amongst you not fear the wrath of Allah upon her due to the wrath of His Messenger (ﷺ), and (as a result thereof) she may perish? So do not retort upon Allah's Messenger (ﷺ) and do not ask him for anything, but ask me that which you desire, (and the frank behaviour) of your companion may not mislead you, if she is more graceful and is dearer to Allah's Messenger (ﷺ) than you (meaning 'A'isha) (Allah be pleased with her). He (Hadrat 'Umar further) said: I had a compalaion from the Ansar and, we used to remain in the company of the Messenger (ﷺ) turn by turn. He remained there for a day while I remained there on the other day, and he brought me the news about the revelation and other (matter), and I brought him (the news) like this. And we discussed that the Ghassanids were shoeing the horses in order to attack us. Id y companion once attended (the Apostle). and then came to me at night and knocked at my door and called me, and I came out to him, and he said: A matter of great importance has happened. I said: What is that? Have the Ghassanids come? He said: No, but even more serious and more significant than that: the Prophet (ﷺ) has divorced his wives. I said: Hafsa has failed and has incurred loss. and I feared that it would happen. When it was dawn I observed the dawn prayer and dressed myself, and then came there (in the house of the Holy Prophet) and visited Hafsa, and she was weeping. I said: Has Allah's Messenger (ﷺ) divorced you (all)? She said: I do not know. He has, however, separated himself in his attic. I came to a black servant and said to him: Seek permission for 'Umar. He went in and then came to me and said: I made mention of you to him, but he kept quiet. I then went to the pulpit and sat there, and there was a group of people sitting by it and some of then were weeping. I sat there for some time, until I was overpowered (by that very idea) which was in my mind. I then came back to the boy and said to him: Seek permission for Umar. He went in and came to me and said: I made mention of you to him but he kept quiet. I was about to turn back when the boy called me and said: Go in; permission has been granted to you. I went in and greeted Allah's Messenger (ﷺ) and he was reclining against the couch of mat and it had left its marks upon his side. I said: Messenger of Allah, have you divorced your wives? He raised his head towards me and said: No. I said: Allah is the Greatest. Messenger of Allah, I wish if you had seen how we the people of Quraish had domination over women but when we came to Medina we found people whom their women dominated. So our women began to learn from their women. One dily I became angry with my wife and she began to retort upon me. I did not approve that she should retort upon me. She said: You do not like that I should retort upon you, but, by Allah. the wives of Allah's Apostle (ﷺ) retort upon him and any one of them separates herself from him for a day until night. I said: He who did that amongst them in fact failed and incurred loss. Does any of them feel sate from the wrath of Allahupon her due to the wrath of Allah's Messenger (ﷺ), and she has certainly perished. Allah's Messtnger (ﷺ) smiled, I said: Messenger of Allah, I visited Hafsa and said: (The behaviour) of your companion ('A'isha) may not mislead you, If she is more graceful than you and is dearer to Allah's Messenger (ﷺ) than you. Allah's Messenger (ﷺ) smiled for the second time. I said: Allah's Messenger, way I talk to you about agreeable things? He said: Yes. I sat down and lifted my head (to see things) in the house and, by Allah, I did not see anything significant besides three hides. I said: Messenger of Allah, supplicate the Lord that He should make (life) prosperous for your Ummah as He has made plentiful for the people of Persia and Rome (in spite of the fact) that they do no, worship Allah, the Exalted and Majestic, whereupon he (Allah's Messenger) sat up an I then said: Ibn Khattab, do you doubt that they are a nation whom their nice things have been given immediately in the life of this world. I said: Allah's Messenger! seek pardon for me. And he (Allah's Messenger) had taken an oath that he would not visit them for a month due to extreme annoyance with them until Allah showed His displeasure to him (Allah's Messenger). Zuhri said: 'Urwa informed me that 'A'Isha (Allah be pleased with her) said: When twenty-nine nights were over, Allah's Messenger (ﷺ) visited me, and he began (his visit) with me. I said: Messenger of Allah, you had taken an oath that you would not visit us for a month, while you have visited after I have counted only twenty-nine (nights). Thereupon he said: The month may also be of twenty-nine (days). He then said: 'A'isha, I am going to talk to you about a matter, and you should not be hasty in it (and do not give your final decision) until you have consulted your parents. He then recited this verse to me:" O Prophet, say to your wives" till he reached" mighty reward" (xxxiii. 28). 'A'isha (Allah be pleased with her) said: By Allah, he knew that my parents would not allow me to separate from him. I said: Is there any need to consult my parents in this matter? I in fact choose Allah and His Messenger (ﷺ) and the abode in the Hereafter. Ma'mar said: Ayyub reported to me that 'A'isha said: Don't inform your wives that I have chosen you, whereupon Allah's Apostle (ﷺ) said: Verily Allah has sent me as a conveyer of message, and He has not sent me as a source of hardship (to others). Qatada said:" Saghat qulubukum" means" Your hearts have inclined."

Chapter 6: The woman who has been irrevocably divorced is not entitled to spending

Fatima bint Qais reported that Abu 'Amr b. Hafs divorced her absolutely when he was away from home, and he sent his agent to her with some barley. She was displeased with him and when he said

I swear by Allah that you have no claim on us. she went to Allah's Messenger (ﷺ) and mentioned that to him. He said: There is no maintenance due to you from him, and he commanded her to spend the 'Idda in the house of Umm Sharik, but then said: That is a woman whom my companions visit. So better spend this period in the house of Ibn Umm Maktum, for he is a blind man and yon can put off your garments. And when the 'Idda is over, inform me. She said: When my period of 'Idda was over, I mentioned to him that Mu'awiya b. Abu Sufyan and Jahm had sent proposal of marriage to me, whereupon Allah's Messenger (ﷺ) said: As for Abu Jahm, he does not put down his staff from his shoulder, and as for Mu'awiya, he is a poor man having no property; marry Usama b. Zaid. I objected to him, but he again said: Marry Usama; so I married him. Allah blessed there in and I was envied (by others).

Fatima bint Qais reported that her husband divorced her during the life time of Allah's Prophet (ﷺ) and gave her a meagre maintenance allowance. When she saw that, she said

By Allah, I will inform Allah's Messenger (ﷺ), and if maintenance allowance is due to me then I will accept that which will suffice me, and if it is not due to me, I will not accept anything from him. She said: I made a mention of that to Allah's Messenger (ﷺ) and he said: There is neither maintenance allowance for you nor lodging.

Fatima bint Qais reported that her husband al-Makhzulmi divorced her and refused to pay her maintenance allowance. So she came to Allah's Messenger (may peace he upon him) and informed him, whereupon he said

There is no maintenance allowance for you, and you better go to the house of Ibn Umm Maktum and live with him for he is a blind man and you can put off your clothes in his house (i. e. you shall not face much difficulty in observing purdah there).

Abu Salama reported that Fatima bint Qais, the sister of al-Dahhak b. Qais informed him that Abu Hafs b. Mughira al-Makhzumi divorced her three times and then he proceeded on to the Yemen. The members of his family said to her

There is no maintenance allowance due to you from us. Khalid b. Walid along with a group of persons visited Allah's Messenger (ﷺ) in the house of Maimuna and they said: Abu Hafs has divorced his wife with three pronouncements; is there any maintenance allowance due to her? Thereupon Allah's Messenger (ﷺ) said: No maintenance allowance is due to her, but she is required to spend the 'Idda; and he sent her the message that she should not be hasty in making a decision about herself and commanded her to move to the house of Umm Sharik, and then sent her the message that as the first immigrants (frequently) visit the house of Umm Sharik, she should better go to the house of Ibn Umm Maktum, the blind, (and further said: In case you put off your head-dress, he (Ibn Umm Makhtum) will not see you. So she went to his house, and when the 'Idda was over, Allah's Messenger (ﷺ) married her to Usama b. Zaid b. Haritha.

Fatima bint Qais reported

I had been married to a person from Banu Makhzum and he divorced me with irrevocable divorce. I sent a message to his family asking for maintenance allowance, and the rest of the hadith has been transmitted with a slight change of words.

Fatima bint Qais (Allah be pleased with her) reported that she had been married to Abu 'Amr b. Hafs b. al-Mughira and he divorced her with three pronouncements. She stated that she went to Allah's Messenger (ﷺ) asking him about abandoning that house. He commanded her to move to the house of Ibn Umm Maktum, the blind. Marwan refused to testify the divorced woman abandoning her house (before the 'Idda was over). 'Urwa said that 'A'isha objected to (the words of) Fatima bint Qais.

This hadith has been transmitted through another chain of narrators.

'Ubaidullah b. 'Abdullah b. 'Utba reported that 'Amr b. Hafs b. al-Mughira set out along with 'Ali b. Abi Talib (Allah be pleased with him) to the Yemen and sent to his wife the one pronouncement of divorce which was still left from the (irrevocable) divorce; and he commanded al-Harith b. Hisham and 'Ayyash b. Abu Rabi'a to give her maintenance allowance. They said to her

By Allah, there is no maintenance allowance for you, except in case you are pregnant. She came to Allah's Apostle (may peace he upon him) and mentioned their opinion to him, whereupon he said: There is no maintenance allowance for you. Then she sought permission to move (to another place), and he (the Holy Prophet) permitted her. She said: Allah's Messenger, where (should I go)? He said: To the house of Ibn Umm Maktum and, as he is blind, she could put off her garmeqts in his presence and he would not see her. And when her 'Idda was over. Allah's Apostle (ﷺ) married her to Usama b. Zaid. Marwan (the governor of Medina) sent Qabisa b. Dhuwaib in order to ask her about this hadith, and she narrated it to him, whereupon Marwan said: We have not heard this hadith but from a woman. We would adopt a safe (path) where we found the people. Fatima said that when these words of, Marwan were conveyed to her. There is between me and you the word of Allah, the Exalted and Majestic: Do" not turn them out" of their houses. She asserted: This is in regard to the revocable divorce what new (turn can the event take) after three pronouncements (separation between irrevocable). Why do you say there is no maintenance allowance for her if she is not pregnant? Then on what ground do you restrain her?

Sha'bi reported

I visited Fatima bint Qais and asked her about the verdict of Allah's Messenger (ﷺ) about (board and lodging during the 'Idda) and she said that her husband divorced her with an irrevocable divorce. She (further. said): I contended with him before Allah's Messerger (ﷺ) about lodging and maintenance allowance, and she said: He did not provide me with any lodging or maintenance allowance, and he commanded me to spend the 'Idda in the house of Ibn Umm Maktum.

A hadith like this has been trarismitted on the authority of Hushaim through another chain of narrators.

Sha'bi reported

We visited Fatima bint Qais and she served us fresh dates and a drink of barley flour, and I asked her: Where should a woman who has been divorced by three pronouncements, spend the period of her 'Idda. She said: My husband divorced me with three pronouncements, and Allah's Apostle (ﷺ) permitted me to spend my 'Idda period with my family (with my parents).

Fatima bint Qais (Allah be pleased with her) reported from Allah's Messenger (ﷺ) that there is no lodging and maintenance allowance for a woman who has been given irrevocable divorce.

Fatima bint Qais (Allah be pleased with her) reported

My husband divorced me with three pronouncements. I decided to move (from his house to another place). So I came to Allah's Messenger (ﷺ), and he said: Move to the house of your cousin 'Amr b. Umm Maktum and spend your period of 'Idda there.

Abu Ishaq reported

I was with al-Aswad b. Yazid sitting in the great mosque, and there was with us al-Sha'bi, and he narrated the narration of Fatima bint Qais (Allah be pleased with her) that Allah's Messenger (ﷺ) did not make any provision for lodging and maintenance allowance for her. Al-Aswad caught hold of some pebbles in his fist and he threw them towards him saying: Woe be to thee, you narrate like it, whereas Umar said: We cannot abandon the Book of Allah and the Sunnah of our Apostle (ﷺ) for the words of a woman. We do not know whether she remembers that or she forgets. For her, there is a provision of lodging and maintenance allowance. Allah, the Exalted and Majestic, said:" Turn them not from their houses nor should they themselves go forth unless they commit an open indecency" (lxv. 1).

A hadith like this has been narrated on the authority of Ishaq with the same chain of transmitters.